HOUSE BILL No. 1054
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-11-2-244.3; IC 13-23.
Synopsis: Notice of underground storage tank leaks. Requires
notification to nearby property owners of a release or potential release
of a contaminant from an underground storage tank system.
Effective: July 1, 2005.
January 4, 2005, read first time and referred to Committee on Environmental Affairs.
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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between statutes enacted by the 2004 Regular Session of the General Assembly.
HOUSE BILL No. 1054
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-11-2-244.3; (05)IN1054.1.1. -->
SECTION 1. IC 13-11-2-244.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 244.3. "UST system", for
purposes of IC 13-23, has the meaning set forth in 329 IAC 9-1-49,
as in effect on January 1, 2005.
SOURCE: IC 13-23-14-2; (05)IN1054.1.2. -->
SECTION 2. IC 13-23-14-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A person who
violates a rule adopted under IC 13-23-1-2 by:
(1) knowingly failing to give a required notification; or
(2) submitting false information;
is subject to a civil penalty of not more than ten thousand dollars
($10,000) for each underground storage tank for which a required
notification is not given or for which false information is submitted.
(b) A person who violates IC 13-23-16 as described in
IC 13-23-16-3 is subject to a civil penalty of not more than ten
thousand dollars ($10,000) for each incident with respect to a UST
system for which:
(1) a required notification is not given; or
(2) false information is submitted.
SOURCE: IC 13-23-16; (05)IN1054.1.3. -->
SECTION 3. IC 13-23-16 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Chapter 16. Notification to Property Owners
Sec. 1. A citation in this chapter to a rule refers to the rule as in
effect on January 1, 2005.
Sec. 2. A person required to report under 329 IAC 9-4-1 or 329
IAC 9-4-4 must notify the owner of each parcel of real property
located wholly or in part within a one-quarter (1/4) mile radius of
the location of the UST system that is the subject of the report. The
(1) be made by certified mail;
(2) be postmarked not later than ten (10) days after the
deadline for the report to the department under 329
IAC 9-4-1 or 329 IAC 9-4-4; and
(3) include the same information reported to the department
under 329 IAC 9-4-1 or 329 IAC 9-4-4.
Sec. 3. A person who violates this chapter by:
(1) failing to give; or
(2) submitting false information in;
the notification required by section 2 of this chapter is subject to a
civil penalty under IC 13-23-14-2.